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Full text of "North Carolina Register v.4 no. 11 (9/1/1989)"

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^ NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



EXECUTIVE ORDERS 



FINAL DECISION LETTERS 



A 



PROPOSED RULES 

Cultural Resources 

EHNR 

Human Resources 

Medical Examiners 

Practicing Psychologists 



FINAL RULES 

List of Rules Codified 
Transportation 



ISSUE DATE: SEPTEMBER 1, 1989 
Volume 4 • Issue 11 • Pages 585-616 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published bi-monthly 
and contains information relating to agency, executive, 
legislative and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrative rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will typically comprise appro.ximately fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be pro- 
\ided free of charge to each county in the state and to 
various state officials and institutions. The North CaroHua 
Register is available by yearly subscription at a cost of 
one hundred and fi\e dollars (S105.00) for 24 issues. 

Requests for subscriptions to the North Carolina 
Register should be directed to the Office of Ad- 
ministrative Hearings, P. O. Drawer 1 1666, Raleigh, N. 
C. 27604, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effective date. 

The Director of the Office of Administrati\'e Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be available for 
public inspection at the Rules Division of the Office of 
Administrative Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute provides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the North Carolina Register before the agenc>' 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for approval by 
the Administrative Rules Re\iew Commission. Upon ap- 
proval of ARRC, the adopted or amended rule must be 
filed with the Office of Administrative Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request by the agen- 
cy, the adopted version will again be published in the 
North Carolina Register. 

A rule, or amended rule cannot become effecti\e 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrati\e Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn by the 
promulgating agency at any time before final action is 
taken by the agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporary rules. A temporary 
rule becomes effecti\'e when adopted and remains in 



effect for the period specified in the rule or 180 days, 
whichever is less. An agency adopting a temporary rulei 
must begin normal rule-making procedures on the per-\ 
manent rule at the same time the temporary rule is 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) is 
a compilation and index of the administrative rules of 
25 state agencies and 38 occupational licensing boards. 
The NCAC comprises approximately 15,000 letter size, 
single spaced pages of material of which approximate- 
Iv 35% is changed annuallv. Compilation and publica- 
tion of the NCAC is mandated by G.S. 150B-63(b). 

The Code is di\ided into Titles and Chapters. Each 
state agency is assigned a separate title which is fur- 
ther broken down by chapters. Title 21 is designated 
for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimum 
cost of two dollars and 50 cents ($2.50) for 10 
pages or less, plus fifteen cents ($0.15) per each 
additional page. 

(2) The full publication consists of 52 volumes, 
totaling in excess of 15,000 pages. It is sup- 
plemented monthh' with replacement pages. A 
one year subscription to the full publication in- 
cluding supplements can be purchased for 
seven hundred and fifty dollars ($750.00). In- 
dividual volumes may also be purchased withi 
supplement sei^ice. Renewal subscriptions for 
supplements to the initial publication a\ailable. 

Requests for pages of rules or volumes of the NCAC 
should be directed to the Office of Administrative 
Hearings. 

NOTE 

The foregoing is a generalized statement of the pro- 
cedures to be followed. For specific statutory language, 
it is suggested that Articles 2 and 5 of Chapter 150B of 
the General Statutes be examined carefully. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited bv volume, issue, 
page number and date. 1:1 NCR 101-201, April 1, 1986 

refers to Volume 1, Issue 1, pages 101 through 201 of 
the North Carolina Register issued on April 1, 1986. 



North Carolina Register. Published bi-monthly by 
the Office of Administrative Hearings, P.O. Drawer 
1 1666, Raleigh, North Carolina 27604, pursuant to 
Chapter 150B of the General Statutes. Subscriptions 
one hundred and five dollars ($105.00) per year. 
North Carolina Administrative Code. Published 
in looseleaf notebooks with supplement ser\'ice by 
the Office of Administrative Hearings, P.O. 
Drawer 1 1666, Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Satutes. 
Subscriptions seven hundred and fifty dollars 
($750.00). Individual volumes available. 



NORTH 
CAROLINA 
REGISTER 



ISSUE rOVTENTS 




Office of Administrative Hearings 
P. O. Drawer II6()6 
Raleigh, \C 27604 

(9l'9) 7.U - 2678 



James R. Scarcella Sr., 

Deputy Director 
Molly Masich, 

Director APA Services 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 



I. EXECLXrV E ORDERS 

Executive Order 95-96 585 



II. FINAL DECISION LETTERS 

Voting Rights Act 587 



III. PROPOSED RULES 
Cultural Resources 

Archives and History 593 

EHNR 
Departmental Rules 601 

Human Resources 

Facility Services 594 

Medical Assistance 601 

Licensing Boards 

Medical Examiners 604 

Practicing Psychologists 606 

rV'. FINAL RULES 

List of Rules Codified 609 

Transportation 

Motor Vehicles 607 

V. CUMULATrVE PsDEX 614 



NORTH CAROLINA REGISTER 

Publication Deadlines and Schedules 

{January I9S9 - May 1990) 



Issue 


Last Day 


Last Day 


Earliest 


♦ 


Date 


for 


for 


Date for 


Earliest 




Filing 


Electronic 


Public 


Effective 






Filing 


Hearing & 
Adoption by 
Agency 


Date 


♦++++♦♦* 


♦+♦♦♦+♦+ 


t4i% + «*:» + 


+ t + + 4'4< + + 


******** 


01 02/89 


12/08/88 


12/15/88 


02 01/89 


05/01/89 


01 16/89 


12/27/88 


01/03/89 


02/15/89 


05,01/89 


02/01/89 


01/10/89 


01/17/89 


03/03/89 


06/01/89 


02/15/89 


01/26/89 


02/02/89 


03/17/89 


06/01/89 


03,01/89 


02,08/89 


02/15/89 


03/31/89 


07/01/89 


03/15/89 


02/21/89 


03/02/89 


04/14/89 


07,01/89 


04/03/89 


03/10/89 


03/17/89 


05,03/89 


08/01/89 


04 14 89 


03/23/89 


03/31/89 


05/14/89 


08/01/89 


05 01/89 


04/10/89 


04/17/89 


05/31/89 


09/01/89 


05/15 89 


04/24/89 


05/01/89 


06/14/89 


09/01/89 


06 01 89 


05/10/89 


05 17/89 


07/01/89 


10,01/89 


06 15 89 


05/24, 89 


06,01/89 


07/15/89 


10/01/89 


07/03/89 


06/12/89 


06/19/89 


08,01/89 


11/01/89 


07/14/89 


06/22/89 


06/29/89 


08/13/89 


11/01 89 


08 01/89 


07/11/89 


07/18/89 


08/31/89 


12/01/89 


08 15/89 


07/25/89 


08,01/89 


09/14 89 


12/01,89 


09 01 89 


08/11/89 


08/18/89 


10 01 '89 


01 '01 '90 


09,15 89 


08,24/89 


08/31/89 


10,15/89 


01/01/90 


10 02/89 


09/11/89 


09/18/89 


11/01/89 


02/01/90 


10/16/89 


09/25/89 


10/02/89 


11/15/89 


02,01,/90 


11/01/89 


10/11/89 


10/18/89 


12/01/89 


03,01/90 


11/15/89 


10/24/89 


10/31/89 


12/15/89 


03/01/90 


12/01/89 


11,07/89 


11/15/89 


12/31/89 


04/01/90 


12/15/89 


11/22/89 


12/01/89 


01/14/90 


04/01/90 


01/02/90 


12/07/89 


12/14/89 


02/01/90 


05/01/90 


01/16/90 


12/20/89 


12/29/89 


02/15/90 


05/01/90 


02 01 90 


01/10/90 


01/18/90 


03/03/90 


06/01/90 


02/15 90 


01/25/90 


02/01/90 


03/17,90 


06/01/90 


03/01 90 


02/08/90 


02/15/90 


03/31/90 


07/01/90 


03 1590 


02/22,90 


03/01/90 


04/14/90 


07/01/90 


04/02,90 


03/12/90 


03/19/90 


05/02/90 


08/01/90 


04 16/ 90 


03/23/90 


03/30,90 


05/16/90 


08/01/90 


05 01/90 


04 09/90 


04/17/90 


05/31/90 


09,01/90 


05 15/90 


04 24/90 


05,01,90 


06/14/90 


09/01/90 



* The "Earliest Effecth'e Date" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date', that the agency files the rule with The Administrative Rules Review 
Commission by the 20th of the same calendar month and that ARRC approves 
the nde at the next calendar month meeting. 



EXECUTIVE ORDERS 



EXECUTIVE ORDER NLMBER 95 

(REPLACING EXECUTIVE ORDER NO. 57) 

GOVERNOR'S BLUE RIBBON COMMISSION 

ON COASTAL INITIATIVES 

Executive Order Number 57, executed Novem- 
ber 23, 1987 is hereby repealed and replaced in 
its entirety by this Executive Order. 

North Carolina's coastal sounds and waterways 
represent unique and invaluable natural and his- 
toric resources for all the people of North Caro- 
lina. 

The use and preservation of these resources is 
especially important to those recreational boa- 
ters, sports fishermen and vacationers who utilize 
our coastal areas. 

In order to protect these natural and historic 
resources, provide for the orderly growth of ma- 
rine related activity, and promote environ- 
mentally sound economic development along our 
coast, it is essential that North Carolina develop 
and implement a Coastal Initiatives Plan. This 
plan should work to enhance the quality of our 
coastal environment by clustering marine related 
development in carefully selected locations while 
other more ecologically sensitive areas are given 
increased environmental protection. 

Therefore, by authority vested in me as Gover- 
nor by the Constitution and laws of North Ca- 
roUna, H IS ORDERED: 

Section 1: ESTABLISHMENT 
There is hereby established the Governor's Blue 
Ribbon Commission on Coastal Initiatives. 

Section 2: MEMBERSHIP 

The Commission shall be composed of not less 
than 10 members appointed by the Governor. 
The membership shall mclude the Secretaries of: 

a. Department of Natural Resources and 
Community Development 

b. Department of Commerce 

c. Department of Administration 

d. Department of Transportation 

e. Department of Human Resources 

f. Department of Cultural Resources 

In addition to those representatives set forth 
above, the Commission shall include represen- 
tatives from mterested environmental groups, lo- 
cal governments and marine activity related 
businesses. All members heretofore named pur- 
suant to Executive Order 57 retain their ap- 
pointments to this Commission to serve at the 
pleasure of the Governor. 

The Governor shall designate the chairman of 
the Commission and all members shall serve at 



the pleasure of the Governor. All vacancies shall 
be filled by the Governor. 

Section 3: MEETINGS 

The Commission shall meet at such times and 
at such locations as directed by the Chairman. 

Section 4: DUTIES 

(i) It shall be the responsibility of the Com- 
mission to develop and implement a long-term 
plan to provide additional protection for envi- 
ronmentally sensitive areas in the 20 coastal 
counties and to encourage and facilitate clustered 
development in selected local communities seek- 
ing to improve shoreline and marine activity re- 
lated development. 

Recommendations and areas of program im- 
plementation in the plan shall include, but not 
be limited to: 

- protection measures for marine, coastal and 

historic resources 

- navigation aids, including a waterways system 

plan 

- incentives to support local community 

shoreline or marine activity related eco- 
nomic development 
(ii) The Commission shall have the authority 
to advise and recommend such policies, goals and 
plans as its members may deem appropriate to 
the Secretary of the North Carolina Department 
of Natural Resources and Community Develop- 
ment or its successor agency. 

Section 5: ESTABLISHMENT OF ADMINIS- 
TRATIVE AUTHORITY 

The Secretary of the North Carolina Depart- 
ment of Natural Resources and Community De- 
velopment or its successor agency is designated 
as the chief operating official of this Commission. 
In such capacity, the said Secretary shall: 

(i) Receive the advice and recommendations 
of the Commission concerning the policies and 
goals of the Coastal Initiative Plan. 

(ii) With the approval of the Governor, estab- 
lish the final policies, goals, and plan of this 
Coastal Initiative. 

(iii) Establish such interdepartmental working 
groups as he may deem necessary to carry out the 
policy, goals and plan of this Coastal Initiative. 

(iv) Be responsible for implementmg such go- 
vernmental actions as he deems necessary to 
carry out the policies, goals and plan of this 
Coastal Initiative. 

(v) Call upon the various secretaries of the se- 
veral departments named in Section 2 of this 
ORDER to assist him to carry out the duties set 
forth in this section. 



NORTH CAROLINA REGISTER 



585 



EXECUTIVE ORDERS 



Section 6: ADMINISTRATIVE SUPPORT AND 
IXPtNSI-S 

The North Carolina Department of Natural 
Resources and Community Development shall 
provide the nccessar}' staffing and administrative 
support for the Commission. AH of the various 
department secretaries listed in Section 2 of this 
ORDI R shall assist the Secretary of the North 
Carolma Department of Natural Resources and 
Community Development or its successor agency 
in this undertaking by rendering such attendance, 
stafTmg, and assistance as may be requested by 
the said chief operating official in order to im- 
plement this Coastal Initiative. 

Members of the Commission shall be entitled 
to such per diem expenses and reimbursement for 
travel expenses as authorised under N.C.G.S. 
138-5. Members who are State employees shall 
be reimbursed as authorized by N.C.G.S. 138-6. 

Funds for reimbursement of these and other 
administrati\e expenses of the Commission shall 
be made a\ailable from funds provided by the 
North Carolina Department of Administration, 
the North Carolma Department of Transporta- 
tion, and the North Carolina Department of 
Natural Resources and Community Develop- 
ment, the Department of Commerce and the 
Department of Cultural Resources as authorized 



and directed by the Office Management and 

Budget. 

Section 7: EFFECTIVE DATE 

This ORDER shall be effective immediately, and 
shall remain in effect until December 31, 1992. 

Done in the City of Raleigh, State of North 
Carolina, this the 25th day of July, 1989. 

EXECITIVE ORDER NUMBER 96 

.\MENDING EXECUTIVE ORDER NU.MBER 92 

ENTITLED 

EST.\BLISHING THE WESTERN NORTH 

CAROLINA ENVIRONMENTAL COUNCIL 

By the authority vested in me as Governor by 
the Constitution and laws of North Carolina, it 
is ORDERED: 

Section 3 of E.xecutive Order Number 92 is 
amended by adding to the list of ex officio 
members of the Council the Secretary of the 
Department of Administration. 

This amendment shall be effective immediately. 
.All other sections and provisions of Executive 
Order Number 92 shall remain in effect and un- 
changed. 

Done m Raleidi, this 25th dav of Julv 1989. 



.5,V6 



yORTH CAROLINA REGISTER 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



[G.S. I20-30.9H, effective July 16, 1986, requires that all letters and other documents issued by the 
Attorney General of the United States in which a final decision is made concerning a "change af- 
fecting voting" under Section 5 of the Voting Rights Act of 1965 be published in the North Carolina 
Register. / 



U.S. Department of Justice 
Civil Rights Division 

WBR:MAP:ST:gmh:dvs 

DJ 166-012-3 Voting Section 

P8827-8828 P.O. Box 66128 

P9679-9680 Washington, D.C. 20035-6128 

September 5, 1986 

George A. Weaver, Esq. 

Lee, Reece & Weaver 

P.O. Box 2047 

WUson, North Carolma 27894-2047 

Dear Mr. Weaver; 

This refers to the change in the method of electing the board of commissioners from at large to 
single-member districts, the districting plan, and the adoption of four-year, concurrent terms for Wilson 
County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights 
Act of 1965. as amended, 42 L'.S.C. 1973c. We recei\ed your submission on July 28, 1986. 

Ihe Attorney General does not interpose any objections to the changes in question. However, 
we feel a responsibihty to point out that Section 5 of the Voting Rights Act expressly provides that the 
failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the en- 
forcement of such changes. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.42 
and 51.48). 

Sincerely, 



Wm. Bradford Reynolds 

Assistant Attorney General 

Civil Rights Division 



By: 



Gerald W. Jones 
Chief, Voting Section 



NORTH CAROLINA REGISTER 587 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



U.S. Department of Justice 
Civil Rights Division 



WBR:MAP:GS:emh:imc 

DJ 166-012-3 

Rll(l()5 

R0020-0021 



Voting Section 
P.O. Box 60128 
Washington, D.C. 



20035-6128 



September 12, 1986 



George A. Weaver, Esq. 

Lee, Reece & Weaver 

P.O. Box 2047 

WUson, North Carolina 27894-2047 

Dear Mr. Weaver: 

This refers to the change in the candidate qualification period, the supplemental absentee ballot 
mailing, and the use of paper ballots in certain precincts at the No\'ember 4, 1986, election for the board 
of education in Wilson County, North Carolina, submitted to the Attorney General pursuant to Sec- 
tion 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. We received your submission 
on September 10, 1986. In accordance with your request, expedited consideration has been given this 
submission pursuant to the Procedures for the Administration of Section 5 (28 C.F.R. 51.32). 

The Attorney General does not interpose any objections to the changes in question. However, 
we feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that the 
failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the en- 
forcement of such chanizes. 



Sincerely, 



Wm. Bradford Reynolds 

Assistant Attorney General 

Civil Rights Division 



By: 



Gerald W. Jones 
Chief, Voting Section 



5,V,V 



NORTH CAROLINA REGISTER 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



U.S. Department of Justice 
Civil Rights Division 

WBR:LLT:ST:gmh:jmc 

DJ 166-012-3 Voting Section 

R3272 P.O. Box 66128 

Washington, D.C. 20035-6128 

December 29, 1986 

George A. Weaver, Esq. 

Lee, Reece & Weaver 

P.O. Box 2047 

WUson, North Carolina 27894-2047 

Dear Mr. Weaver: 

This refers to the procedures for conducting elections, including instructions for voting in precincts 
divided between election districts in Wilson County, North Carolina, submitted to the Attorney Gen- 
eral pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. We received 
your submission on November 3, 1986. Although we noted your request for expedited consideration, 
we have been unable to respond until now. 

The Attorney General does not interpose any objection to the change in question. However, we 
feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that the 
failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the en- 
forcement of such change. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.48). 



Sincerely, 



Wm. Bradford Reynolds 

Assistant Attorney General 

Civil Rights Division 



By: 



Gerald W. Jones 
Chief, Voting Section 



NOR TH CA ROLINA REGIS TER 589 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



U.S. Department of Justice 
Civil Rights Division 

WBR:MAP:ST:dvs 

DJ 166-012-3 Voting Section 

SJ371-3373 P.O. Box 66128 

S4823-4824 Washington, D.C. 20035-6128 



August 12, 1987 

George A. Weaver, Esq. 

Wilson County Attorney 

P.O. Box 2047 

Wilson, North Carolina 27894-2047 

Dear Mr. Weaver: 

This refers to the elimination of Voting Precinct R and the polling place therefor, the realignment 
of voting precincts, and two polling place changes in in Wilson County, North Carolina, submitted to 
the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 
1973c. We received your submission on June 22, 1987. 

The Attorney General does not interpose any objections to the changes in question. However, 
we feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that the 
failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the en- 
forcement of such changes. See Section 51.41 of the Procedures for the Administration of Section 5 
|52 Fed. Reg. 496(I987)|. 

Sincerely, 

Wm. Bradford Reynolds 

Assistant Attorney General 

Civil Rights Division 



By: 



Gerald W. Jones 
Chief, Voting Section 



590 NOR TH CAROLINA REGIS TER 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



U.S. Department of Justice 
Civil Rights Division 

WBR:MAP:WNFI:dvs 

DJ 166-012-3 Voting Section 

^3479 P.O. Box 66128 

Washington, D.C. 20035-6128 



August 12, 1987 

George A. Weaver, Esq. 

Wilson County y\ttomey 

P.O. Box 2047 

WUson, North Carolina 27894-2047 

Dear Mr. Weaver: 

This refers to the change in the method of voting to Shouptronic voting machines for Wilson 
County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights 
Act of 1965, as amended, 42 U.S.C. 1973c. We received your submission on June 30, 1987. In ac- 
cordance with your request, expedited consideration has been given this submission pursuant to Section 
51.34 of the Procedures for the Administration of Section 5 |52 Fed. Reg. 495 (1987)|. 

The Attorney General does not interpose any objection to the change in question. However, we 
feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that the 
failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the en- 
forcement of such change. In addition, as authorized by Section 5, the Attorney General reserves the 
right to reexamine this submission if additional information that would otherwise require an objection 
comes to his attention during the remainder of the sixty-day review period. See also Sections 51.41 and 
51.43 |52 Fed. Reg. 496(1987)]. 

Sincerely, 

Wm. Bradford Reynolds 

Assistant Attorney General 

Civil Rights Division 

By: 

Gerald W. Jones 
Chief, Voting Section 



NORTH CAROLINA REGISTER 591 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



U.S. Department of Justice 
Civil Rights Division 

WBR:MAP:ST:gmh:ivp 

DJ 166-012-3 Voting Section 

'18023-8024 P.O. Box 66128 

Washington, D.C. 20035-6128 

June 20, 1988 

George A. Weaver, Esq. 

Lee, Reece & Weaver 

P.O. Box 2047 

WUson, North Carolina 27894-2047 

Dear Mr. Weaver: 

This refers to the polling place change for the Black Creek Precinct and the procedures for con- 
ducting a special election to fill the Commissioner District 3 vacancy in Wilson County, North Caro- 
lina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, as 
amended, 42 L'.S.C. 1973c. We received your submission on April 20, 1988. 

The Attorney General does not interpose any objections to the changes in question. However, 
we feel a responsibility to point out that Section 5 of the Voting Rights Act expressly pro\ides that the 
failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the en- 
forcement of such changes. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41). 

Sincerely, 

Wm. Bradford Reynolds 

Assistant Attorney General 

Civil Rights Division 



By: 



Gerald W. Jones 
Chief, Voting Section 



592 NORTH CAROLINA REGISTER 



PROPOSED RULES 



TITLE 7 - DEPARTMENT OF CULTURAL 
RESOURCES 



No 



otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the Cultural Resources/ Archives and 
History intends to amend rule cited as 7 NCAC 
4N .0202 and adopt rules cited as 7 NCAC 4N 
.0301 - .0304. 

1 he proposed effective date of this action is 
January I, 1990. 



Th 



he public hearing will be conducted at 10:00 
a.m. on October 2, 1989 at Archives and Histo- 
ry-State Library Building, 109 East Jones Street, 
Raleigh. NC (Room 305). 



c 



- omment Procedures: Written comments to Dr. 
William S. Price, Jr., Director, Division of Ar- 
chives and History, 109 E. Jones St., Raleigh. NC 
2761 1, (Room 305), no later than 5:00 p.m., 
September 29, 1989. 

CHAPTER 4 - DIV ISION OF ARCHIVES AND 
HISTORY 

SUBCHAP1 ER 4N - F1ISTOR1C SITES 
REGLLATIONS 



SECTION .0200 



SITE IIOLRS: ADMISSION 
FEES 



.0202 ADMISSION FEES 

(d) The following site charges an admission fee 
of fifty 6«ftt* ($0.50) one dollar ($1.00) for adults, 
aB4 twonty fivo 6«*te ($0.25) fifty cents ($0.50) 
for children and one half off the regular admis- 
sion price for groups of ten or more to each ma- 
jor historic structure: 

(1) Historic Bath, Bonner House; 

(2) Historic Bath, Palmer-Marsh House. 



Statutory Authority G.S. 
l43B-62(2)d.. 



121-4(8): 121-4(9); 



SECTION .0300 



ELIZABETH II: VOYAGES 
POLICY 



.0301 SCHEDULING VOYAGES 

(a) Voyages of the ELIZABETH II may be 
scheduled from mid-September through May. 
Voyages will not be scheduled during the sum- 
mer months when seasonal living history pro- 
grams are presented at the ELIZABETH II State 
Historic Site nor during the winter when major 
ship maintenance is scheduled. 



(b) Each voyage will be scheduled to include a 
minimum of three days public visitation in each 
host port visited. 

(c) Requests for an ELIZABETH II voyage 
must be submitted in writing by the host port at 
least six months in advance of the proposed 
voyage date to the Administrator, Historic Sites 
Section, Division of Arcriives and History, De- 
partment of Cultural Resources, 109 East Jones 
Street, Raleigh, North Carolina 27611. 



Statutory Authority G.S. 
l43B-62(2)d.. 



121-4(8); 121-4(9); 



.0302 APPROVAL OF REQUESTS 

The Administrator of the Historic Sites Section 
shall review all requests for voyages of the ELI- 
ZABETH II. The Administrator will deny any 
request which wUl jeopardize the safety of the 
ship or crew. The Administrator may deny any 
voyage request if, in his opinion, the requested 
voyage would adversely affect: 

(1) the visitor program at the ELIZABETH II 
State Historic Site; 

(2) the performance of ship maintenance; or 

(3) prior commitments to other host ports. 



Statutory Authority 
l43B-62(2)d.. 



G.S. 121-4(8); 121-4(9); 



.0303 VOYAGE COSTS 

Reimbursement based on tug costs, travel and 
subsistence expenses for the ELIZABETH II 
staff while the ship is in the host port, and sub- 
sistence expenses for the crew while the ship is in 
transit to and from the host port shall be assessed 
to the host port. In-kind donations of these ser- 
vices, with prior approval of the Administrator, 
Historic Sites Section, may be substituted for 
cash payments. 

Statutory Authority G.S. 121-4(8); 121-4(9); 
l43B-62(2)d.. 

.0304 VOYAGE AGREEMENT PROCEDURE 

The host port will be furnished a Voyage 
Agreement outlining voyage costs and responsi- 
bilities of the Historic Sites Section of the Divi- 
sion of Archives and History and the host port. 
The Voyage Agreement shall be completed and 
returned to the Administrator, Historic Sites 
Section, Division of Archives and History, 109 
East Jones Street, Raleigh, N.C. 27611, at least 
30 days in advance of the ELIZABETH Us 
scheduled departure for the host port. Failure to 
complete and return the Voyage Agreement will 
result in cancellation of the voyage. 



NORTH CAROLINA REGISTER 



593 



PROPOSED RULES 



Statutory Authority G.S. 121-4(8); 121-4(9); 
l43B-62(2)d.. 

TITLE 10 - DKPARTMENT OF HUMAN 
RESOURCES 

l\otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the Certificate of Need Section, Di- 
vision of Facility Services. Department of Human 
Resources intends to adopt rules cited as 10 
NCAC3R .0/09 - .0110, .0423; amend rules cited 
as JO NCAC 3R .02/2 - .02/3, .0303 - .0307, 
.0309, .0313, .03/5 - .03/7, .0408, ./003; and re- 
peal rules cited as /O NCAC 3R .0308, .03/2. 
,0409 - .04/9. .042/ - .0422. 

1 he proposed effective date of this action is 
January /, /990. 



Th 



he public hearing will be conducted at 9:00 
a.m. on October /7, /9S9 at Room 201. 70/ 
Barbour Drixe. Raleigh, N.C. 27603. 



Co 



omment Procedures: Written comments con- 
cerning these rules must be submitted by October 
/7. /989, to Lynda XfcDaniel at 70/ Barbour 
Drhe. Raleigh. NC 27603. Oral comments may 
be presented at the hearing. 

CHAPTER 3 - FACILITY SERVICES 

SLBCHAPTER 3R - CERTIFICATE OF NEED 
REGLLATIONS 

SECTION .0100 - GENERAL INFORMATION 

.0109 NAME AND ADDRESS OF AGENCY 

The agency is the Certificate of Need Section in 
the Division of Facility Services, North Carolina 
Department of Human Resources. The address 
of the agency is 701 Barbour Drive, Raleigh, 
North Carolina, 27603. The telephone number 
of the agency is 919-733-6360. 

Statutory Authority G.S. /3/E-/77. 

.0110 DEFINITIONS 

The definitions used in G.S. 131E-176 shall ap- 
ply to all the rules of this Subchapter. 

Statutory Authority G.S. /3/E-177. 

SECTION .0200 - EXEMPTIONS 

.0212 RESEARCH ACTIVITY 

(c) The notice required by G.S. 13 IE- 179 shall 
be given on a form "Notice of Proposed Re- 
search Activity". This form may be obtained by 



contacting the agency at the address and tele- 
phone number stated in Rul e .0105 Rule .0109 
of this Subchapter. 

Statutory Authority G.S. /3/E-/77; /3/E-/79. 

.0213 HEALTH MAINTENANCE 
ORGANIZATIONS 

(b) The application for exemption shall be 
given on the form "Application for Health 
Maintenance Organization Exemption". This 
form may be obtained by contacting the agency 
at the address and telephone number stated in 
ft«te t444^ Rule .0109 of this Subchapter. 

Statutory Authority G.S. /3/E-/77; /3/E-/80. 

SECTION .0300 - APPLICATION AND REVIEW 
PROCESS 

.0303 LETTER OF INTENT 

(a) Potential applicants are urged to contact the 
agency as soon as possible after determining the 
scope or possible scope of the project. The 
purpose of such discussions is to determine on a 
preliminary basis whether a certificate of need is 
required, which review schedule or schedules 
might be applicable, and to address any other 
questions that may arise. 

(b) Except as provided in Paragraph fft (e) of 
this Rule, an applicant must file a letter of intent 
with the agency aR4 C i ond a copy ef th* lottor te 
th» appropriate health syotems cgoncy at- l^ast 44 
days before aft application is 6te4 with t4** 
agency, no later than the first dav of the month 
prior to the beginning date of the appropriate 
review period. A conference with the agency 
may be substituted for the letter of intent. The 
conference may be held at the agency or by tele- 
phone. If there i% a oonl'erence, th« agency shall 
aond » oummapy ef it- te- the appropriate health 
f i yst e ms agency. 

(c) The letter of intent or conference shall de- 
scribe the: 

(1) project; 

(2) justification for the project; 

(3) proposed method or methods of fmancing; 

(4) anticipat e d bonofito »f y*e project; annual 

operating costs, if a new health service is 
proposed; 

(5) estimated project capital cost of the pro- 
ject; and 

(6) proposed filing date of the application. 

(P^ propof . ed period ef tim© te complete ikn 
project. 
(4) Aft e r oomplianco wi^ tfe» Rule, th* agency 
shall issue th* appropriate application ef oppli 
cotions. 



594 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



^ (d) If more than six months have passed 
since the filing of the letter of intent or the con- 
ference and an application has not been filed with 
the agency, a new letter of intent must be filed 
or another conference must be held before an 
application or applications are filed. 

(^ (e) The agency shall waive this Rule if com- 
pliance with Its requirements would prevent so- 
meone from submitting an application which 
would compete with an application filed with the 
agency. The agency may waive compliance with 
this Rule if it determines there is good cause for 
doing so. 

Statutory Authority G.S. I3IE-I77. 

.0304 APIM.ICATIONS 

(a) After compliance with Rule .0303 of the 
Section, the agency shall determine which appli 

tb» applicant with such feffft ef fefmsr whether 
the proposed project requires a certificate of 
need. In making this decision the agency shall 
consider the obligation of a capital expenditure 
on behalf of or for a health service facility to be;^ 

(1) an expenditure to be obligated or incurred 
by the facility; 

(2) an expenditure to be obligated or incurred 
by any person, board or organization 
having ownership or control of the facil- 
ity, or over which the facility has owner- 
ship or control; 

(3) an expenditure to be obligated or incurred 
by any person, board or organization with 
which the facility has a contractual re- 
lationship to provide or purchase services, 
refer or receive patients, or share space, 
profit or expenses; or 

(4) an expenditure to be obligated or incurred 
by any person, board or organiz.ation de- 
veloping a health service facility on prop- 
erty owned or leased to or b}^ the facility. 

(b) ?4*« application forms stf%r If it is deter- 
mined that the project requires a certificate of 
need, the agency wiU determine which applica- 
tion form or forms are appropriate and provide 
the applicant with such form or forms. 

(4^ the feH4 Stago R tf nal Dialyoio application 

form; 
(3^ th« long t e rm eafe application form r 
P^ t^ acuto eafe facilitiou application form; 
(4^ tb« abridged application form; stf^ 
f^ ftfty other application form dovolopod by 

tbe agonoy. 

(c) Copies of the forms may be inspected in the 
Certificate of Need Section, Division of Facility 
Ser\'ices, North Carolina Department of Human 



Resources, 701 Barbour Drive, Raleigh, North 
Carolina, 27603. 

(d) Applications must be submitted to the 
agency, and stamped as received by the agency 
no later than 5:00 p.m. on the last working day 
before the fifteen days required in Rule .0305(f) 
of this Section. 

(e) Responses to incomplete questions for ap- 
plications submitted under rule .0305 of this 
Section must be submitted to the agency, and 
stamped as received by the agency no later than 
5:00 p.m. on the last working day before the first 
day of the scheduled review schedule, period. 

Statutory Authority G.S. 131E-I77; I3IE-I82. 

.0305 FILING APPLICATIONS 

(a) An application will not be reviewed by the 
agency until it is filed in accordance with this 
Rule. 

(b) An original and a copy of the application 
shall be delivered to the agency. ¥^f each ap- 
plication submitt e d fef a»y rmioss' batch which 
starts ©» et after tb» effective date ef tfe» R^ulo, 
A» Fach applicant shall transmit, with the ap- 
plication, a fee to be determined according to the 
following formula: 

(1) With each application proposing no capi- 
tal expenditure, the proponent shall tran- 
smit a fee in the amount of four hundred 
dollars ($400.00). 

(2) With each application proposing a capital 
expenditure of up to, but not including, 
five hundred thousand dollars ($500,000), 
the proponent shall transmit a fee in the 
amount of five hundred dollars ($500.00). 

(3) With each application proposing a capital 
expenditure of five hundred thousand 
dollars ($500,000) or greater, the propo- 
nent shall transmit a fee in the amount of 
five hundred dollars ($500.00), plus an 
additional fee equal to .0015 of the 
amount of the proposed capital expendi- 
ture in excess of five hundred thousand 
dollars ($500,000). The additional fee 
shall be rounded to the nearest whole 
dollar. In no case shall the total fee ex- 
ceed fifteen thousand dollars ($15,000). 

(c) After an application is filed, the agency shall 
determine whether it is complete for review. An 
application shall be complete unless: 

(1) the requisite fee has not been received by 
the agency; or 

(2) a signed original and copy of the applica- 
tion have not been submitted to the 
agency on the appropriate application 
form. 



NORTH CAROLINA REGISTER 



595 



PROPOSED RULES 



(d) If the agency determines the application is 
not complete for review, it shall mail notice of 
such determination to the applicant within five 
business days after the application is filed and 
shall specify what is necessary to complete the 
application. If the agency determines the appli- 
cation is complete, it shall mail notice of such 
determination to the applicant vvithm -14 daye 
aft e r Ae application i* filod. prior to the begin- 
ning of the applicable review period. 

(e) In order for the agency aft4 applicable 
health oystoms agonoy to commence review, the 
application must be deemed complete prior to 
the start of the applicable review period for which 
it was submitted. 

(0 An application will not be included in a 
scheduled review, undor Rule .0307 »f y«« S e c 
tion, unless it is delivered to the agency more 
than 15 days before the first day of the scheduled 
review ochodul e . period. 

(g) ^fte date a» application is comploto vs tb« 
day tl*e ag e ncy dotorminoo i* i* comploto. If an 
application is withdrawn by the applicant before 
the tirst day of the applicable review period the 
application fee if paid will be refunded to the 
applicant. 

(4h Aft application wtH set be included m a 
schodulod rosiow und e r Rul e .0307 ef tfes S«e- 
tion, unloiiO it is dolis'orod to tl*« agoncy more 
than 4-^ dayo boforo ^?i» fifst i^aif Bi tlw ro' i iow 
sch e dule. 

Statutory Authority G.S. I3IE-I77; 13IE-I82; 
S.L. 1983. C. 713. 

.0306 AMENDMENTS TO APPLICATIONS 

An applicant may not amend an application. 
Responding to a request for additional informa- 
tion made by the agency »f the health oystomo 
agonoy after the review has commenced is not an 
amendment. 

Statutory Authority G.S. I3IE-I77; I3IE-I82. 

.0307 REVIEW CATEGORIES AND SCHEDULE 

(a) The agency will determine the appropriate 
review category or categories for all applications 
submitted. For proposals which include more 
than one of the categories, the agency, if practi- 
cal, win may require the applicant to submit se- 
parate applications. If it is not practical to 
submit separate applications, the agency will de- 
termine in which category the application will be 
reviewed. 

(b) The review of an application for a certificate 
of need undor Gr^ 13 IE 1 8 3 will commence in 
the next applicable review pohodule period that 
commences after the application has been deter- 



mined to be complete. The agency wiU doter 
mine if Ae propoood activity may be oligiblo fof 
a cortifioato &f nood under G.S. 131E 183. 

(c) Proposals requiring review will be reviewed 
according to the categories set forth in y«s Rule. 
The r e s'iew oategorioo afe as foUows: the duly 
adopted State Medical Facilities Plan applicable 
to the time period in which the application is 
submitted. 

ft) Category A includes propooalo fof acute 
health eafe facilitieo, including b«t Het 
limited to ti*e following types ef projects: 
ronovation, construction, major medical 
equipment aB4 other ancillary aft4 sup 
pert equipment aft4 ser^'ic e s, oxcopt these 
proposals includ e d ift Cat e gory G aft4 
Category ©r 
(3^ Category' 8 includos proposals fof sldUed 
nursing beds aft4 intermediate safe beds 
which afe ro^iowod against the Stat e 
Medical Facilities Plan. 
{^ Category G includos proposals fef the fol- 
lowing types ef projects: 
(A) psychiatric facilitios; 
f©^ psychiatric ser> ' ices i» e xisting health 

eafe facilities; 
(G) intermedi ate eafe facilities fof the m e n 

tally retarded; 
f©) intermediate eafe sor^^icoo fof the men 
tally retarded ift e.xisting health eafe facili 

f&^ substanc e abuse aft4 chemical depend 

enoy facilities; aft4 
fp) oubstanco abuse afi4 chemical depend 

ency son'icoo m e xisting health eafe facili 

(4^ Category © includos proposals fof the 

following typos ef projects: 
(A) inpatient rehabilitation facilitios; 
(©} inpatient rehabilitation sop i ices m e»- 

isting h e alth eafe facilities; 
(G) comprehensive outpatient rehabilitation 

facilitios; 
f&) ambulatory^ surgical facilitios; afi4 
^rf eft4 stage renal disease treatment facili 

f^ Catogory & includes proposals fof the fol- 
lowing typos ef projects: 

(A) life eafe facilities; 

(6^ hom e health agencies; 

(G) nursing home proposals which de net 
includ e h e alth eafe beds; aft4 

(©) any other proposal Bet included i» 
Categori e s A through © witb the oxcep 
tieft ef proposals requesting a change ift 
project as defin e d tft G.S. 



596 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(4) Proposals submitted te roquost a chango 
m projoct pursuant te G.S. 
13 IE 176(16)(o) may be roviowod » afty 
B^ t^te aforesaid catogorios. 

(d) Beginning review dates for the review of 
Certificate of Need applications in each category 
by geographical area wUl appear in the applicable 
State Medical Facilities Plan. 

(e) Applications are competitive if they, in 
whole or in part, are for the same or similar ser- 
vices and the agency determines that the approval 
of one or more of the applications may result in 
the denial of another application. 

Statutory Authority G.S. I31E-I77: I3IE-I82. 

.0308 NOTIFICATION OF REVIEW 
(REPEALED) 

Statutory Authority G.S. 1 3 IE- 177. 

.0309 REVIEW PERIOD 

(a) Except a« othenvis e provided i» Paragraphs 

longer than 90 days from tbe date »f the notifi 
cation ef rdiow te tfee date ef the final decision. 
^Phe date t»f notification »f beginning ef rc i iew is 
d e t e rmin e4 i» accordance witi* Rule .0308 »f this 
Subchapter. The date ef ft««i decision i* deter 
mined t» accordanc e wttb P^ulo .0313 ©f tfei* 
Subchapt e r. The review of an apphcation for a 
certificate of need should be completed within 90 
days from the beginning date of the review period 
for the apphcation, except as provided in Para- 
graph (b) of this Rule. 

ffe^ Unless a health systems agency agrees t© a 
shorter res'ie' i v period m writing, it shall hav e 6© 
days te complete its review e^ a» application. If 
the review period is extended, the agency shall 

if aftyr additional time is allotted te it fof its Fe- 

health systems agency r e quir e s the applicant t» 

have at least +4 days t» submit the informati «»T 
Upon request ef the applicant, the agency shall 
extend its ro^^iew period by the length <si time 
given t» the appUcant te^ submit the additional 
information. The extension shall apply te e ach 
»f the applications that is being rovidi i od com 
potitivoly wttfe the application fef which the ad- 
ditional information is r e quired. Applications 
afe competitive, ]^ they, i» whol e ef m part, afe 
(ef tte same ef similar Bew institutional h e alth 
sop i ico aH4 the agency dotenninos that the ap- 
proval <^ ene &f more e( the applications may 



(4) (b) J» addition te the reasons set forth i» 
Paragraph (e) ef this Rule, The period for review 
may be extended for u£ to 60 days by the agency 
if it determines that, for one or more of the fol- 
lowing reasons, it is not practical to fairly and 
thoroughly complete the review within 90 days: 

(1) the extension is necessary to consider 
conflicting, contradictory, or otherwise 
relevant matters; ef 

(2) the total number of applications assigned 
to the project analyst for review, including 
those in other review periods, preclude the 
project analyst from completing the re- 
view within 90 davs; \» be reviewed ef the 
complexity ef the proposal ef proposals 
te be reviewed mak e it prud e nt te e xtend 
the r e view period. 

(3) the complexity of the application or ap- 
phcations to be reviewed make it neces- 
sary to extend the review period; 

(4) the review of ^ applicant's response to 
the agency's request for additional infor- 
mation has not been completed; 

(5) the timing of the public hearing which was 
held for the apphcation or applications 
under review does not allow sutficicnt 

consider the information pre- 



time to 

sented; 

(6) extension of previous reviews necessitated 
that the project analyst delay the com- 
mencement of the review; or 

(7) the unavailabiUty of the project anahst 
due to illness, annual leave, litigation as- 
sociated with other reviews, or other du- 
ties and responsibilities. 

(e) Unless the appUcant ef applicants agree 
otherwis e , the review period mey be extended He 

(c) Apphcants will be provided written notice 
of the extension of the review period alter the 
agency determines that an extension is necessary'. 
Failure to receive such notice prior to the last day 
of the scheduled review period, however, does 
not entitle an appUcant to a certilicate of need 
nor authorize an appUcant to proceed with a 
project without one. 

Statutory Authority G.S. I3IE-I77; I3IE-I85. 

.0312 EX PARTE CONTACTS (REPEALED) 

Statutory Authority G.S. 1 31 E- 177. 

.0313 FINAL DECISION 

(a^ Unless the review period is extend e d under 
Rule .0309 ef this Subchapter, »f unless the ap- 
pUcant Bf apphcants agr ee i» writing y» aft i&a- 
tension ef the review period, the fiftal decision 



NORTH CAROLINA REGISTER 



597 



PROPOSED RULES 



F i hall h% mado m writing within Of> d<*y* from Ae 
ti«te trf t4*» notifiuution »f review, as dcfinod i» 
Rttte .0308(c) ef tk» Subchaptor. 

(^ (a} The agency shall determine whether a 
proposal is consistent with the review criteria set 
forth in G.S. 131 181 131E-183 and the stand- 
ards, plans, and criteria promulgated thereunder 
m ettect at ttie time ttie review commences. 1 he 
agency shall determine which standards, plans, 
and criteria are applicable to the proposal. If a 
proposal is consistent with all applicable stand- 
ards, plans, and criteria, the fmal decision shall 
be to issue the certificate of need. If a proposal 
is not consistent with all applicable standards, 
plans, and criteria, the agency shall either not is- 
sue the certificate of need or issue one subject to 
those conditions necessary to insure that the 
proposal is consistent with applicable standards, 
plans, and criteria. The agency may only impose 
conditions which relate directly to applicable 
standards, plans, and criteria. 
(^ ¥ A<* agt'ncy docidoo te ioouo a cortifioato 
»f nood, k- i i hall dotormin e i» accordanco ' ■ ■ I 'ith 
G.S. 13 IF 189 ' ■ ■ . hen t4*« oon'ico ef oquipmont 
gHqU be available e* whon A* proj e ct shall be 
complotod aft4 Ae timotablo te be followed m 
doing ser 

fti^ (b| The written final decision shall include 
the foUowing: 

(1) the basis for the decision; 
(4^ ' ■ ' ■ 'ht'ther the proposal was noodod ef ft&H 
f^ (21 the findings roquirod by Paragraph (e) 
ef tbis P>.ulo; aft4 regarding the extent to 
which the proposal meets the criteria set 
forth in G.S. 131E-183; 
(4^ (3) the time when the sersice or equipment 
is to be available or the project completed 
and the timetable to be followed; and 
(4) the approved capital expenditure for the 
project. 
(e) ¥be written final decision shall include find 
jftgs regarding the e xt e nt te which tbe propoool 
meets the criteria set' forth i» G.S. 131 181(a)(3), 
(3a), an4 (13), including a finding as te the ae- 
cosoibility »f the facility as a whole. Such fmd 
i«gs afe ft»4' required ifc 

(4) the proposal is e«e described m G.S. 
131 181.1(a); ©f (^ the proposal is a 
propos e d capital expenditure »»* directly 
relat e d te the provision &i health wniceo 

Bf f^ the proposal is made by »f t» be- 
batf »f a» HMO »f a health safe facility 
which is controll e d, directly ef indirectly, 
by aft HMO. 
j'Vny final decision which includes a finding that- 
the proposal does ws^ meet the criteria set- forth 



te Ae appropriate regional office ef the Depart 
mont ef Health aft4 Human Sen'icos. 

(^ tf the agency decision is inconoiotont witb 
the recommendation ef the health systems 

plan, »f the priorities ef the applicable annual 
implementation plan, the agency shaU include i» 
the fiftai d e cision a detailed statement et H*e Fea- 
sefts fof the inconsistency. 

ff^ (c) The fmal decision shall be sent to the 
applicant. aft4 te the appropriate health syst e ms 
agency. Any other person may obtain a copy of 
a fmal decision by requesting it from the agency, 
for which there will be a charge to cover the cost 
of reproducing the document. •!*»? a proposal 
made by aft HMO, the ag e ncy shall ak^ send a 
copy »f Ae final decision te tbe regional office 
ef tbe Department ef Health aft4 Human Set- 

Statutory Authority G.S. J3JE-/77; J3JE-JS6. 

.0315 ISSUANCE OF A CERTIFICATE 
OF NEED 

(a) A certificate shall not be issued until 30 days 
after the date of the fmal decision under Rule 
.0313 of this Section. If no request for a con- 
tested case hearing is received by the agency 
within that time, the agency shall issue the cer- 
tificate. If a request for a contested case hearing 
is received within that time, the certificate shall 
not be issued until the fmal agency decision from 
the contested case hearing has been issued. 



(b) 
ify: 

(1) 
(2) 
(3) 



The certificate, or attachments, shall spec- 



the scope of the project; 
the physical location of the project; 
the person to whom the certificate was is- 
sued; 

(4) the maximum capita] expenditure, if any, 
which may be obligated under the certif- 
icate; 

(5) the timetable to be followed in making the 
ser\'ice or equipment available or in com- 
pleting the project; and 

(6) when the first progress report under Rule 
.0316 of this Section is due. 

(c) The date e4^ issuance ef a certificat e is the 
date e» tbe certificate. The effective date of the 
issuance of a certificate should be the first day 
after the 30 day appeal period expires, the date 
the agency receives notice of withdrawal of the 
request for a contested case hearing, the date of 
the Department's fmal decision made in accord- 
ance with OS. 131E-188(a), or t_he date Uie 
agency determines that the conditions of ap- 
proval are satisfied, whichever is later. 



598 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Statutory Authority G.S. I3IE-I77. 

.0316 PROGRESS RKPORTS 

(a) The holder of a certificate of need shall 
submit a report on the progress made in making 
the service or equipment available or in com- 
pleting the project. These reports shall also in- 
clude information as to the total dollar amount 
of capital expenditures which have been obligated 
under the certificate, and any changes in amounts 
of proposed or previously obligated capital ex- 
penditures. These reports will be made on a 
form provided by the agency and will be due on 
the date or dates indicated by the agency on the 
Certificate of Need and in subsequent corre- 
spondence. 

(b) The agency may also request additional re- 
ports as often as necessary in order to determine: 

(1) if the timetable specified in the certificate 
is being met; 

(2) if the scope of the project is being com- 
pleted as described on the certificate and 
in the application for the certificate of 
need; and 

(3) if the amount of the capital expenditure 
or expenditures obligated under the certif- 
icate has exceeded or can be expected to 
exceed the maximum under the certificate; 
and 

(4) if the condition(s) of approval have been 
satisfactorily met. 

Statutory Authority G.S. J3JE-/77; I31E-I89. 

.0317 WITHDRAWAL OF A CERTIFICATE 

(a) A certificate of need may be withdrawn for 
the reasons set forth in G.S. 131F-189. Before a 
certificate of need is withdrawn the agency ohall 
should follow the procedures set forth in this 
Rule. 

(b) At any time after the date on which Ae fifs* 
progroso report i* kkwr the certificate of need is 
issued the agency may commence a proceeding 
to withdraw a certificate of need. In determining 
whether to institute a withdrawal proceeding, the 
agency may consider the progress reports and any 
other information which it has received or ob- 
tained. 

(c) If th* Qgoncy initiates » withdrawal procood 
iftgr it ohaU i .^ nd »«+■ a notica »f rL" i iuw wliioh 
complioc i with Rule .030S »f \kw-, SubchaptiT. If 
the agency initiates a withdrawal proceeding, it 
shall send out a notice to the holder of the cer- 
tificate pro\iding an opportunity for the holder 
to demonstrate that: 

(1) it is making a good faith effort to meet the 
timetable specified by the agency; 



(2) it is developing or operating the service in 
a manner consistent with the represent- 
ations made in the application or with any 
condition or conditions the Department 
has placed on the certificate of need; and 

(3) no transfer of ownership or control of the 
facility has been made prior to the com- 
pletion ot the proiect or licensure oi the 
facility without specific Department ap- 
proval. The agency shall consider a 
transfer of ownership or control to have 
occurred if 

(A) there is a change in the membership of 
the firm, association or partnership to 
whom the certificate was issued, involving 
the acquisition of a 25 percent or greater 
share in the firm, association or partner- 
ship by someone who did not pre\iously 
own a 25 percent or greater share; or 

(B) twent\-five percent or more of the stock 
of the corporation to whom the certificate 
was issued is acquired by someone who 
did not previously own 25 percent or 
more of the stock. 

(d) T4*e agency shall comply with Rules .0310, 
.031 1, aft4 .0312 »f A** Subchapter in- afty with 
dra' i ' i al procooding. The holder of the certificate 
shall have 15 days to respond to the notice and 
pro\ide information as to why the certificate 
should not be withdrawn. 

(e ) iVftor th(? di*te »» ' ■ ' ■ hich A<* recommendation 
»f ti*e h e alth syr p toms agency » dtjer t4w agency 
shall make a written docioion. U A«* decision is 
inconsistent with the recommendation ef the 

health systems plan, ef ^fee priorities ef the ap- 
plicablo annual implementation plan, it shall i«- 
cludo a detailed stat e m e nt »f the reasons fof the 
inconsistency. ¥he decision shall be seftt te^ the 
hold e r »f the certificate trf need eif^ the h e alth 

the proposal was located. Copies ef the decision 
afe availabl e te other persons upon request, hi 

ag e ncy shall ais* send a copy »f the decision te 
the regional offic e ef the Department ef I lealth 
M¥^ Human Sen'icos. The agency shall review 
the information pro\ided by the holder, or lack 
thereof, and shall make a determination as to 
whether to withdraw the certificate. The agency 
will not consider the reasonableness of the time- 



table specified on the certificate to be an issue in 
determining whether to withdraw the certificate. 

(f) Lpon complianc e with Rule .031 I ef this 
Subchapter a reconsideration hearing shall he 
hei4 »«• the decision te- withdraw »f net te with 
draw a certificate. The hearing shall he con 
ducted m accordanc e with Rule .03 M ef this 



NORTH CAROLINA REGISTER 



599 



PROPOSED RULES 



Subchuptor. TItc holder of the certificate should 
be informed in wntin.i^ u'ithin 45 days from the 
date of the notice of the agency's decision re- 
gardine the withdrawal. 



(g) A decision to withdraw a certificate imme- 
diately revokes the naht of the holder of the cer- 
tificate to continue the de\'elopment or operation 
ol the facility except under conditions approved 
by the Department. 

(h) A contested case hearing under Section 
.0400 of this Subchapter is available to any af- 
fected person on a decision to withdraw or not 
to withdraw a certificate of need. ¥fe« r(»aGon 
ablonoss ef ti*# timetabl e ohoU w^ b^ aft ioouo at- 
Duch a hoaring. That inoue may only be ad- 
droc i God ift a roconcidoration ef contostod ea&e 
hearing e« Ae agoncy'a feai dociGion following 
the roviow »f a» application. 

(i) A decision to not re\^oke a certificate on any 
given occasion does not preclude the right of the 
agency to withdraw that certificate at a later date 
pro\'iding the agency follows the procedures out- 
lined in this Rule. 

Statutory Authority G.S. I3IE-I77: I3IE-IS9. 

SECTION .0400 - CERTIFICATE OF NEED 
AI'PE.\L PROCESS 

.0408 PETITION FOR A HEARING 

fa) Aii contootod caooo Ghall be commoncod by 
ibe filing ef a petition ¥4tb tbe office ei tbe dt- 
rector ' ■ ' ■ ithin ^ dayo »f a docioion ef tbe agency 
te iooue, deny e* 'rtithdraw a certificat e ef need 
Bf te grant ef deny a» exemption ef te aGwoo a 
GJJrii penalty. If tb# petition doeo net chow ©«• 
k« foee tbat tbe appellant » aft affected poroon 
as defined ift Gr^ 131E 188(o) ef if tbe petition 
i* ftet file4 timely, Ae agency ohall send notice 
to tbe appellant, V i ithin 44 day* ef tbe 4ate tb# 
petition is filed, tbat- tb# request fof contort e d 
ease hearing is denied, tf tbe petition dooo ohow 

ITI I 11 J lUV^' 1 1 iUl 1 1 1\. U. L' !_' I. UU.TTT r^ C11 1 UI I VT- I V^J pr^TTJTTTT 

as defined tft G.S. 13 IE 188(o) aft4 ij^ tbe petition 
is 61e4 timely, tbe ag e ncy shall, v' . ithin 44 days 

^^T ^^^^ tITlTT7 1 1 1 V r^^TTTTTTTT r^ I lIVTi , l^ I HJ 1 1 ^^ 1 1 *_^' r^T 1 1 lU 

appellant ef tbe appointment ef a hoaring offioor. 
If the appellant requests tbat a hL > Qring offic e r 
from tbe Offic e &f Administrative H e arings beaf 
tbe case, ift accordance with tbe provisions ef 
Qr^ 150B, tbe agency sbal^ request tbat- tbe Cliief 
I tearing Otficer ef tbe Offic e ©f i\dministrativ e 
Hearings name tbe h e aring olfic e r ift tbe easer 
(b) AH petitions fiie4 under tbis Rule shall be 
verified ©f supported by affidavit aft4 shall state 
facts tending to establish that ift maldng tbe de- 
cision ef d e cisions at issue, tbe agency: 
f4) exceeded its authority &f jurisdiction; 



(3) acted orronoouoly; 

f^ fail e d to «se prop e r procedure; 

(4) acted arbitrarily &f capriciously; ef 
(4) foiled to aet as required by law &f rule. 

fe) 44*e only decisions ' ■ ' ■ 'hich shall be tbe sub 
jeet »f tbe contested ease hearing shall be those 
specifically appealed by tbe appellant m¥^ those 
' ■ ' ■ hich wefe considered competitively unuer Rule 
.0309(c) V i 'ith those specifically appealed by tbe 
appellant. 

The COX Section will not issue a certificate of 
need to any applicant so long as any atfected 
person has filed a petition for a contested case 
challenging the agency decision to award a cer- 
tificate to that or anv other competing applicant, 
or so long as any unsuccessful applicant whose 
application was considered competitively has 
filed a contested case petition challenging the 
merits of the agency decision den\ing it a certif- 
icate. 

Statutory Authority G.S. I3IE-I77: I3IE-I88. 

.0409 APPOINTMENT OF A HEARING 

OFFICER (REPEALED) 
.0410 NOTICE OF HEARING 

(REPEALED) 
.0411 INTERVENTION (REPEALED) 
.0412 \ENLE (REPEALED) 
.0413 DISCONERV (REPEALED) 
.0414 PREHEARING CONFERENCE 

(REPEALED) 
.0415 SLBPOENAS (REPEALED) 
.0416 CONSOLIDATION (REPEALED) 
.0417 STIPLL.ATIONS (REPEALED) 
.0418 DISQUALIFICATION OF HEARING 

OFFICER (REPEALED) 
.0419 FAILURE OF PARTY TO ATTEND 

HEARING (REPEALED) 

Statutory Authority G.S. I3IE-I77: I3IE-188. 

.0421 PROPOSAL FOR A DECISION 

(REPEALED) 
.0422 RECORD (REPEALED) 

Statutory .Authority G.S. 1 31 E- 177; I3IE-I88. 

.0423 CONTESTED CASE HEARINGS 

Contested case hearings shall be conducted in 
accordance with Article 3 of Chapter 150B of the 
General Statutes except for the timetables set 
forth in G.S. 131E-188. 

Statutory .Authority G.S. I3IE-I77; I3IE-IS8. 

SECTION .1000 - SPECIAL CRITERIA AND 
STANDARDS: IN GENERAL 

.1003 STATE MEDICAL FACILITIES PLAN 



600 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(a) The North Carolina State Medical Facilities 
Plan contains the following information: 

( 1 ) inventory of certain categories of inpatient 
and outpatient health care facilities, in- 
cluding number of beds and utilization of 
beds; 

(2) type of services provided by each category 
of health care facility; 

(3) projections of need for acute care hospitals 
(including rehabilitation services), long- 
term care facilities (including nursing 
homes, home health agencies, and hospice 
inpatient facilities), mental health facilities 
and end stage renal dialysis services for 
various geographical areas of the state; 

(4) statement of policies related to acute care 
facihties, rehabilitation services, long-term 
care, psychiatric facilities, chemical de- 
pendency facilities, and facilities for inter- 
mediate care for the mentally retarded, 
which are used with other criteria con- 
tained in this Subchapter and in G.S. 
13 IE- 183 and need projections to deter- 
mine whether applications proposing ad- 
ditional beds and services of these types 
may be approved under the certificate of 
need program; and 

(5) the certificate of need review schedule and 
description of review categories. 

(b) The annually published State Medical Fa- 
cilities Plan approved by the Governor, and any 
duly adopted amendments or additions thereto, 
is hereby adopted by reference pursuant to G.S. 
I SOB- 14(c) as a rule for the calendar year during 
which it is in effect. 

(c) This plan 6a» may be obtained purchased 
from the Division of Facility Services, 701 Barb- 
our Drive, Raleigh, North Carolina, at- a eest- 
ef forty dollars ($10.00) pet copy. This plan is 
also available for inspection at the Division of 
FacUity Services. 

Statutory Authority G.S. I3IE-I76(25); 
13IE-]77(I); 13IE-I83(I); 42 U.S.C. 300K-2. 



1 he public hearing will be conducted at 1 :30 
p.m. on October 16, 1989 at North Carolina Divi- 
sion of Medical Assistance, 1985 Umstead Drive, 
Room 201, Raleigh, North Carolina 27603. 

(comment Procedures: Written comments con- 
cerning this amendment must be submitted by 
October 16, 1989 to: Director, Division of Med- 
ical Assistance, 1985 Umstead Drive, Raleigh, 
N.C. 27603. Oral comments presented at the 
hearing should be limited to a maximum of ten 
minutes duration. Submittal of written copies of 
oral statements is encouraged. In addition, a fis- 
cal impact statement of this proposed rule 
amendment is available upon written request from 
the same address. 

CHAPTER 26 - MEDICAL ASSISTANCE 

SUBCHAPTER 26H - REIIMBLRSEMENT PLANS 

SECTION .0100 - REIMBURSEMENT FOR 

SKILLED NURSING FACILITY AND 

INTERMEDIATE CARE FACILITY SERVICES 

.0101 REIMBURSEMENT METHODOLOGY 

Effoctivo Octobor -I-7 -I^M aH4 ea«k Qctobor 4- 
thoruuftor aU cortifiod Sldllod Nuroing a»4 Intor 
modiato Care facilitioo participating m th« North 
Carolina Modicaid Program aw reimbursod eft a 
proopoctivo baois as get forth horoundor. Com 
bination facilitioo containing both a SNF aH4 
JCP portion afe treated as twe separate facilitioo 
fef fate s e tting purpoooo. This plaft is dovolopod 
i» accordance with the roquiromonto »f 43 GP-R- 
44^ Subpart G - Payment fof Inpatient Hoopitol 
aft4 Long ToF tft Core Facility Sor^'icoo. All 
Medicaid covered services will be reimbursed in 
accordance with methodologies contained in the 
Medicaid State Plan as approved by the United 
States Department of Health and Human Ser- 
vices Health Care Financing Administration 
(HCEA), under authority of Title XY\ of the 
Social Security Act (SSA), all apphcable Federal 
regulations, the State Appropriations Act and the 
Department of Human Resources of the State 
of North Carolina. 



lyotice is hereby given in accordance with G.S. 
150B-12 that the Department of Human 
ResourcesI Division of Medical Assistance intends 
to amend rule cited as 10 NCAC 26H .0101. 

1 he proposed effective date of this action is 
January I. 1990. 



Authority G.S. l08A-25(b); I08A-54; I08A-55; 
S.L. 1985, c. 479, s. 86; 42 C.F.R. 447 Subpart 
C. 

TITLE 15 - DEPARTMENT OF 

EN\ IRONMENT, HEALTH AND NATURAL 

RESOURCES 



NORTH CAROLINA REGISTER 



601 



PROPOSED RULES 



lyotice is hereby given in accordance with G.S. 
1 SOB- 1 2 that the Department of Environment, 
Health and Natural Resources intends to adopt 
rules cited as 15 NCAC I J .0101 - .0102. .0201 - 
.0209. 

I he proposed effective date of this action is 
January J, 1990. 

J he public hearings will be conducted according 
to the following schedule: 

October 5, 1989 

7:00 p.m. 

Wayne Community College 

Goldsboro, NC 

October 10, 1989 

7:00 p.m. 

Buncombe County Courthouse 

Asheville, NC 

October 11, 1989 

7:00 p.m. 

County Agriculture Center 

Statesville, NC 

October 13, 1989 

10:00 a.m. 

Hearing Room, Archdale Building 

Raleigh, NC 

(comment Procedures: Written comments may 
be submitted prior to the public hearings to: N.C. 
Division of Forest Resources, Attn: Deny I Wal- 
den, P.O. Box 27687, Raleigh, NC 2761 1. 
Written or oral comments may be presented at the 
public hearings. 

CHAPTER 1 - DEPARTMENTAL RLLES 

SUBCHAPTER IJ - FOREST PRACTICES 
GUIDELINES RELATED TO WATER QUALITY 

SECTION .0100 - GENERAL PROVISIONS 

.0101 INTRODUCTION AND PURPOSE 

(a) Forests are a major contributor to the 
economy and quality of the environment in 
North Carolina. Forestry best management 
practices allow for the production, harvesting, 
and utilization of forest resources while main- 
taining satisfactor)' water quality. The rules in 
this Subchapter establish performance standards 
for the protection of water quality. The intent 
and purpose of these rules is not to cease or ob- 
struct the lawful, proper and responsible use of 
forest resources. Persons must adhere to the 
standards related to land disturbing activities in 
order to retain the forestr>' exemption provided 



in the N.C. Sedimentation Pollution Control Act 
of 1973 as amended in 1989. 

(b) The Division of Forest Resources is re- 
sponsible for the protection and development of 
forest resources in North Carolina, and has been 
designated by the Secretary of North Carolina 
Department of Environment, Health and Natural 
Resources as the Division within the Depanmem 
best able to assist the Secretary in the imple- 
mentation of these rules. 

(c) The Forestry' Best Management Practices 
Manual, published by the Division of Forest 
Resources in September, 1989, and as amended 
from time to time, contains specifications for a 
variety of practices which may be used to meet 
the performance standards set forth in this Sub- 
chapter. Best Management Practices (BMPs) 
shall be selected to allow for the variation in 
weather, topography, soil, and vegetation ex- 
pected for the site and season. Implementation 
of these rules shall recognize that extreme and 
unusual weather can cause reasonable and oth- 
erwise adequate application of BMPs to fail to 
control sedimentation. Where installed BMPs 
fail, additional and more effective BMPs may be 
required. This manual and the rules in this 
Subchapter may be obtained by contacting the 
Director, Division of Forest Resources, Raleigh, 
North Carolina. 



Statutory Authority G.S. 113-3; 
ll3A-52(6): 113A-52.1; 143B-10. 



113-S; 



.0102 DEFINITIONS 

In addition to the terms defmed in G.S. 
113-44.4 and 113A-52, the following defmitions 
shall apply throughout this Subchapter: 

(1) "Accelerated Erosion" means any increase 
over the rate of natural erosion, as a result 
of land-disturbing activities. 

(2) "Access Road" means a temporary or 
permanent access route. 

(3) "Best .Management Practice" (BMP) me- 
ans a practice, or combination of practices, 
that is determined to be an effective and 
practicable (including technological, eco- 
nomic, and institutional considerations) me- 
ans of preventing or reducing the amount 
of pollution generated by nonpoint sources 
to a level compatible with water quality 
goals. 

(4) "Channel" means a natural water-carrying 
trough cut vertically into low areas of the 
land surface by erosive action of concen- 
trated flowing water or a ditch or canal ex- 
cavated for the flow of water. 

(5) "Ford" means a submerged stream cross- 
ing which will bear intended traffic. 



602 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(6) "Ground Cover" means any natural vege- 
tative growth or other natural or manmade 
material which renders the soil surface stable 
against accelerated erosion. 

(7) "l^nd- Disturbing Acti\ity" means any use 
of the land by any person in residential, in- 
dustrial, educational, institutional or com- 
mercial development, highway and road 
construction and maintenance that results in 
a change in the natural cover or topography 
and that may cause or contribute to sedi- 
mentation. This Article shall not apply to 
the following land-disturbing activities: 

(a) 1 hose undertaken on agricultural land for 
the production of plants and animals use- 
ful to man, including but not limited to: 
forages and sod crops, grains and feed 
crops, tobacco, cotton, and peanuts; dairy 
animals and dairy products; poultry and 
poultry products; livestock, including beef 
cattle, sheep, swine, horses, ponies, mules 
or goats, including the breeding and graz- 
ing of any or all such animals; bees and 
apiary products; fur animals; 

(b) Those undertaken on forcstland for the 
production and harvesting of timber and 
timber products and which arc conducted 
in accordance with lorest i'ractice 
Guidelines Related to Water Quality (best 
management practices) as adopted by the 
Department; and 

(c) Activities undertaken by persons as defined 
in G.S. 1 13A-52(8) who are otherwise re- 
gulated by the provisions of G.S. 74-76 
through G.S. 74-68, the Minina Act of 
1971." 

(8) "Groundwater" means phreatic water or 
subsurface water in the zone of saturation. 

(9) "Log Deck" means a place where logs are 
gathered in or near the forest for further 
transport, sometimes called a "landing". 

(10) "Mill Site" means any place where forest 
products are stored, altered, or processed. 

(1 1) "Pesticides" means a chemical used to kill 
pests. The term includes insecticides, fungi- 
cides, herbicides, and rodenticides. 

(12) "Site Preparation" means a forest activity 
to prepare the site for reforestation. 

(13) "Skid Trail" means a temporary pathway 
principally used to drag or transport felled 
trees or logs or other material to a landing. 

(14) "Stream" means a body of concentrated 
flowing water in a natural low area of the 
land surface. 

(a) "Hphcmeral stream" means a stream that 
flows only during and for short periods 
following precipitation and flows in low 



areas that may or may not have a well- 
defined channel. 

(b) "Intermittent stream" means a stream that 
flows only during wet periods of the year 
(30-90 percent of the time) and flows in a 
well-defmed channel. 

(c) "Perennial stream" means a stream that 
flows throughout a majority of tne year 
(greater than 90 percent of the time) and 
flows in a well-defined channel. 

(15) "Strcamside .Management Zone (SMZ)" 
means an area along both sides of intermit- 
tent and perennial streams and perennial 
waterbodies where extra precaution is used 
in carrving out forest practices in order to 
protect water quality. 

(16) "Visible Sediment" means solid particulate 
matter, both mineral and organic, which can 
be seen with the unaided eye that has been 
or is being transported by water, air, gravity, 
or ice from its site of origin. 

(17) "Waterbody" means a natural or man- 
made basin that stores water, not including 
jurisdictional wetlands. 

(18) "Working Days" means days exclusive of 
Saturdays and Sundays during which 
weather conditions or soil conditions permit 
land-disturbing acti\ity to be undertaken. 

Statiitorv Auihoiitv G.S. 113-44.4: II3A-52: 
I ISA- 5 2. 1. 

SECTION .0200 - I'KKl ORM.VNCF. STANO.XRDS 

.0201 STRFAMSIDE MANAGEMENT ZONE 

(a) A strcamside management zone (SMZ) 
shall be established and maintained along the 
margins of intermittent and perennial streams 
and perennial waterbodies. The S.MZ shall be 
of sufficient width to confine within the S.MZ 
visible sediment resulting from accelerated ero- 
sion. 

(b) Ground cover, or other means, within the 
S.MZ shall be sufticient to restrain accelerated 
erosion. 

(c) Access roads, skid trails, logging decks and 
mill sites shall be placed outside of SMZs. When 
barriers such as property lines or limiting land 
features prohibit the location of any of these 
outside of SMZs, they can be located within the 
SMZs. When located within SMZs they shall 
have effective erosion control and sediment con- 
trol structures or measures installed to restrain 
accelerated erosion and prevent visible sediment 
from entering intermittent or perennial streams 
or perennial waterbodies. 

Statutory Authority G.S. I I3A-52.I. 



NORTH CAROLINA REGISTER 



603 



PROPOSED RULES 



.0202 PROHIBITION OF DEBRIS ENTKRING 
SIREAMS AM) VVATERBODIES 

Stream obstruction and the impediment of 
stream flow shall be prevented by keeping debris 
from construction, harvesting, mill site residue, 
and site preparation out of intermittent and per- 
ciuiidl strearli^ and pcicnnial watcrbodies. 



Statutory Authority G.S. II3A-52.I. 

.0206 PESTICIDE APPLICATION 

Application of pesticides shall be limited to 
those labeled for that intended use and applied in 
a manner to prevent adverse impacts on water 
quality. 



Stalutorv 
//3A-52./. 



Authority G.S. 77-/3; 77-14; Statutory Authority G.S. II3A-52.I. 



.0203 ACCESS ROAD AND SKID TRAIL 
STREAM CROSSINGS 

Stream crossings shall be avoided when possi- 
ble. Access roads and skid trails which must 
cross intermittent or perennial streams or peren- 
nial watcrbodics shall be installed so that: 

(1) stream flow will not be obstructed or im- 
peded; 

(2) no stream channel or perennial waterbody 
shall be used as an access road or skid trail; 

(3) crossings are provided with effective struc- 
tures or ground cover to protect the banks 
and channel from accelerated erosion; 

(4) they shall have sufficient water control de- 
vices to collect and divert surface flow from 
the access road or skid trail into undisturbed 
areas or other control structures to restrain 
accelerated erosion and prevent visible sedi- 
ment from entering intermittent and peren- 
nial streams; and 

(5) ground cover, or other means, sufficient to 
prevent visible sediment from entering in- 
termittent and perennial streams and peren- 
nial waterbodies shall be provided within ten 
working days of initial disturbance and wLU 
be maintained until the site is permanently 
stabilized. 

Statutory Authority G.S. I I3A-52.I. 

.0204 ACCESS ROAD ENTRANCES 

Access road entrances intersecting public high- 
ways shall be constructed and maintained with 
measures, devices or techniques effective to pre- 
vent excessive soil and other debris from being 
carried to and deposited on the highway to the 
extent that sedimentation problems will result. 

Statutory Authority G.S. I I3A-52.I. 

.0205 PROHIBITION OF WASTE ENTERING 
S IREAMS/WATERBODIES/ 
GROUNDWATER 

Measures shall be taken to prevent equipment 
ser\icing waste, petroleum, fertilizers or other 
chemical waste from entering streams, perennial 
waterbodies, and, or groundwater. 



.0207 FERTILIZER APPLICATION 

When used, fertilizers shall be applied in a 
manner to prevent adverse impacts on water 
quality. 

Statutory Authority G.S. I I3A-52.I. 

.0208 STREAM TEMPERATURE 

Adequate shade within SMZs associated with 
natural perennial streams shall be retained to 
protect those streams from adverse temperature 
fluctuations. 

Statutory Authority G.S. I I3A-52.I. 

.0209 REHABILIT.VTION OF PROJECT SITE 

Areas on the project site that have the potential 
for accelerated erosion, resulting in concentrated 
flow directly entering an intermittent or perennial 
stream or perennial waterbody, shall be provided 
with ground cover or other means of adequate 
sedimentation control within 30 working days 
after ceasing any phase of an operation or begin- 
ning a period of inactivity. Treatment and 
maintenance of those areas shall be sufficient to 
restrain accelerated erosion and prevent visible 
sediment from entering intermittent and peren- 
nial streams and perennial waterbodies untU the 
site is permanently stabilized. 

Statutory Authority G.S. I13A-52.I. 

TITLE 21 - LICENSING BOARDS 



1\ otice is hereby given in accordance with G.S. 
J SOB- J 2 that the N.C. Board of Medical 
Examiners! DM R, Division of Facility Services in- 
tends to amend rule(s) cited as 21 \CAC 32H 
.0402 ■ .0403 and .0406. 

1 he proposed effective date of this action is 
March I, 1990. 

1 he public hearing will be conducted at 2:00 
p.m. on Sovember 3, 1989 at N.C. Division of 



604 



NORTH C.4ROLIN.4 REGISTER 



PROPOSED RULES 



Facility Services, Council Building, Room 201 , 
701 Barbour Drive, Raleigh, N. C. 27603. 

(comment Procedures: Written comments con- 
cerning the rules by November 3, 1989 to Lynda 
McDaniel, 70/ Barbour Drive, Raleigh, North 
Carolina 27603. Oral comments may be pre- 
sented at the hearing. 

CHAPTER 32 - BOARD OV MKDICAL 
EXAMINERS 

SUBCHAPTER 32H - MOBILE INTENSIVE 
CARE 

SECTION .0400 - TRAINING AND 

PERFORMANCE OF MOBILE INTENSIVE 

CARE PERSONNEL 

.0402 EMERGENCY MEDICAL TECHNICIAN- 
PARAMEDIC PERFORMANCE 
EMT-Ps trained in approved training programs, 
certified by the Board of Medical Examiners to 
perform medical acts, and functioning in an ap- 
proved mobile intensive care program may do 
any of the following in accordance with the pro- 
tocols established by their sponsor hospital: 
(1) While at the scene of a medical emergency 
where the capability of continuous two-way 
voice communication, or the capability of 
continuous two-way voice communication 
supplemented by a telemetered electrocardi- 
ogram, is maintained with a physician or 
approved MICN located in the sponsor 
hospital, and upon order of such physician 
or MICN: 

(a) establish an intravenous line ia a periph- 
eral vein and administer any intravenous 
solution approved by the Board of Med- 
ical Examiners for use by EMT-Ps; 

(b) obtain blood for laboratory analysis; 

(c) administer parcnteraUy, orally, sublingu- 
ally, or topically any of the drugs ap- 
proved by the Board of Medical 
Examiners for use b> E.MT-Ps; 

(d) perform pulmonary ventilation by means 
of an esophageal obturator airway, eso- 
phageal gastric tube airway, phar^'n^eo- 
tracheal lumen airwav, or endotracheal 
tube; 

(e) perform defibrillation or cardioversion; 

(f) use gas-powered or hand-powered nebu- 
lizers; 

(g) decompress a tension pneumothorax by 
use of a cathctcr-tlutter-valve device; 

(h) use positive end expiratory pressure respi- 
rators; 

(i) perform cricothyrotomy for relief of upper 
airway obstruction; 



(i) perform gastric suction by intubation; aft4 
(k) perform urinary catheterization; 
(1) perform external cardiac pacing; and 
(m) establish an intraosseous infusion line in 
appropriate patients under 24 months of 
age and administer any intravenous fluid 
or drugs approved by the Board of Med- 
ical Exammers lor use bv EM l-Ps. 

(2) When confronted with a pulseless non- 
breathing patient, perform cardiopulmonary 
resuscitation, defibrillation, pulmonary ven- 
tilation by means of an esophageal obturator 
airway, esophageal gastric tube airway, 
pharyngeo-tracheal lumen airway, or endo- 
tracheal tube, and administer appropriate 
cardiac drugs prior to contacting the sponsor 
hospital. 

(3) Establish an intravenous line in a peripheral 
vein and administer any intravenous sol- 
ution approved by the Board of Medical 
Examiners for use by EMT-Ps prior to 
contacting the sponsor hospital. If the in- 
travenous line is not successfully established 
after two attempts, the EMT-P must contact 
the sponsor hospital prior to making an- 
other attempt. 

Statutory Authority G.S. 143-514. 

.0403 EMERGENCY MEDICAL TECHNICIAN- 
INTERMEDIATE PERFORMANCE 

EMT-Is trained in approved training programs, 
certified by the Board of Medical Examiners to 
perform medical acts, and functioning in an ap- 
proved mobile intensive care program may do 
any of the following in accordance with the pro- 
tocols established by their sponsor hospital: 
(I) While at the scene of a medical emergency 
where the capability of continuous two-way 
voice communication is maintained with a 
physician or approved MICN located in the 
sponsor hospital, and upon order of such 
physician or MICN: 

(a) establish an intravenous line and adminis- 
ter the following solutions by intravenous 
infusion: 

(i) dextrose 5 percent in water; 
(ii) lactated ringer's solution; and 
(iii) normal saline; 

(b) perform pulmonary ventilation by means 
of an esophageal obturator airway, or 
esophageal gastric tube airway, pharvn- 
geo- tracheal lumen airway; 

(c) obtain blood for laboratory' analysis; and 

(d) administer subcutaneously 1:1000 epi- 
nephrine to treat systemic allergic re- 
actions. 



NORTH CAROLINA REGISTER 



605 



PROPOSED RULES 



(2) When confronted with a pulseless, non- 
breathing patient, perform cardiopulmonary 
resuscitation including, when appropriate, 
defibrillation by means of an automatic or 
semi-automatic defibrillator, afl4 pulmonary 
ventilation by means of an esophageal ob- 
turator airway, ef esophageal gastric tube 
airway, or phar\n.geo-tracheal lumen airway 
prior to contacting the sponsor hospital. 

Statutory Authority G.S. 143-514. 

.0406 EMERGENCY MED TECHNICIANS: 

.\D\ D INTERMEDIATE PERFORMANCE 

E.\IT-AIs trained in approved training pro- 
grams, certified by the Board of Medical Exam- 
iners to perform medical acts, and functioning in 
an approved mobile intensive care program may 
do any of the following in accordance with the 
protocols established by their sponsor hospital: 
( 1 ) WhUe at the scene of a medical emergency 
where the capability of continuous two-way 
voice communication is maintained with a 
physician or approved MICN located in the 
sponsor hospital, and upon order of such 
physician or MICN: 

(a) establish an intravenous line in a periph- 
eral \ein and administer any intra\enous 
solution approved by the Board of Med- 
ical Examiners for use by EMT-AIs; 

(b) obtain blood for laboratoPv' analysis; 

(c) administer parenterallv. orallv, sublinguallv, 

or topically anv of the drugs appro\ed by 
the Board of Medical Examiners for use 
by EM i -.Ms: udminiiULT intru' i cnou -' ly: 

(44 -^ porcont Dcxtro j io, 

f+H Naloxon e O^arcan), 
Eidocaino. 






Sodium Bicarbonate, 
i\tropin e , 
Epinophrino: 
(44 admini j' tcT nublinguully nitroglycerin; 

(d) fe4 administer subcutaneously 1:1000 epi- 

nephrine to treat systemic allergic re- 
actions; 

(e) f^ perform pulmonar)' ventilation by me- 

ans of an esophageal obturator airway, 
esophageal gastric tube airway, phar\n- 
geo-tracheal lumen airwa\- or endotracheal 
tube: and 

(f) fef perform defibrillation; 

(g) pertonm external cardiac pacing; 

(h) establish an intraosseous mfusion line in 
appropriate p atients under 24 months of 
age and administer anv intra\enous fluid 



or drugs approved by the Board of Med- 
ical Itxaminers for- use bv }:M I'-AIs. 
(2) When confronted with a pulseless non- 
breathing patient, perform cardiopulmonary 
resuscitation, defibrillation, pulmonary ven- 
tilation by means of an esophageal obturator 
airway, esophageal gastric tube airway, 
phar>'ngeo-tracheal lumen airway or endo- 
tracheal tube and administer appropriate 
cardiac drugs prior to contacting the sponsor 
hospital. 

Statutory Authority G.S. 143-514. 

****************** 



1\ otice is hereby given in accordance with G.S. 
I50B-I2 that the \.C. State Board of Examiners 
of Practicing Psychologists intends to amend 
rulefsj cited as 21 SCAC 54 .1605(3). 



Th 



he proposed effective date of this action is 
January 1, 1990. 

1 he public hearing will be conducted at 9:00 
a.m. on October 12, 19S9 at Mezz. Le\-el, Shera- 
ton Appalachian Inn, Boone, .V. C. 



c 



■ omment Procedures: Requests to present 
written or oral comments at the public hearing or 
other comments not presented at the hearing 
should be submitted in writing by October 9, 1989, 
to the Board at the follcn^'ing address: \. C. 
State Board of Examiners of Practicing Psychol- 
ogists, University Hall, .Appalachian State Uni- 
versity, Boone, .VC 2860S. 

CHAPTER 54 - BOARD OF PRACTICING 
PSYCHOLOGISTS 

SECTION .1600 - GENERAL PROVISIONS 

.1605 FEES 

In addition to fees specified in .-Vrticle 18A, 
Chapter 90 of the North Carolina General Stat- 
utes, the following charges will be assessed for the 
indicated sen ices: 

(3) thirty doUuro ($30.00) thirty five dollars 
(S35.00) - renewal of license; 

Statutory Authority G. S. 12-3.1 (c); 90-270.9; 
90-270.11 (a) (I); 90-270.11 (b) (1); 90-270.24 
(I): 90-170.20. 



606 



NORTH CAROLIN.A REGISTER 



FINAL RULES 



1 he List of Rules Codified is a listing of 
rules that were filed to be effective in the 
month indicated. 

I\ules filed for publication in the NCAC 
may not be identical to the proposed text 
published previously in the Register. Please 
contact this office if you ha\e any questions. 

/l dopted rules filed by the Departments of 
Correction, Revenue and Transportation are 
published in this section. These departments 
are not .subject to the provisions ofG.S. J SOB, 
Article 2 requiring publication in the N.C. 
Register of proposed rules. 

LJpon request from the adopting agency, the 
text of rules will be published in this section. 

/x n agency has 30 days from the effective 
date of a rule to notify this agency of any ty- 
pographical or technical errors in the rule as 
codified. These corrections are incorporated 
into the List of Rules Codified and are noted 
aj * Correction. .4 typographical or technical 
error does not change the effective date if 
corrected within the 30 day requirement. 



TITLE I9A - DKI'ARTMENT OF 
TRANSPORTATION 

CHAPTER 3 - DIVISION OF MOTOR 
VEHICLES 

SUBCIIAI'TER 3D - LICENSE AND THEFT 
SEC1ION 

SECTION .0200 - MOTOR VEHICLE DEALER 
AND SALESMAN LICENSE 

.0216 DEFINITIONS 

(a) Statutory Definitions: Definitions for 
words and phrases used in these regulations not 
defined in subsection (b) shall be the same as the 
definitions appearing in G.S. 20-286 and G.S. 
20-4.01. 

(b) Administrative Definitions: The following 
words and phrases shall have the meanings hsted 
below when used in these regulations: 

(1) "Principal Place of Business" - Means a 
salesroom containing 96 square feet of 
fioor space in a permanently enclosed 
building or structure which is separate and 



apart from any living quarters, residence 
or other business and having a separate 
entrance; where any vehicles displayed are 
separate and apart from vehicles of any 
other dealer; having displayed thereon or 
immediately adjacent thereto a sign, in 
block letters of not less than 3 inches in 
height on a contrasting background, 
clearly and distinctly designating ttie trade 
name of the business at which a perma- 
nent business of bartering, trading and 
selling of motor vehicles will be carried on 
as such in good faith and at which place 
of business shall be kept and maintained 
the books, records, and files the Division 
may require as necessary to conduct the 
business at such location. Provided, 
however, the minimum area requirement 
provided for in this Paragraph is not ap- 
phcable to any established place of busi- 
ness lawfully in existence and duly 
licensed on or before January 1, 1978. 

(2) " 'Supplemental Location' - Any im- 
proved or unimproved lot that is not im- 
mediately adjacent to the principal place 
of business at which a permanent business 
of bartering, trading and selling motor ve- 
hicles will be carried on as such in good 
faith and which is located within the rele- 
vant trade area of the applicant dealer as 
defmed by G.S. 20-286(13b). A supple- 
mentary lot must have displayed thereon 
a sign in block letters not less than 3 
inches in height on a contrasting back- 
ground, clearly and distinctly designating 
the trade name of the business and the 
address and telephone number of the 
principal place of business. Supplemental 
locations must operate in exactly the same 
name as the principal place of business 
and only vehicles owned by or lawfully 
consigned to the principal place of busi- 
ness may be offered for sale at supple- 
mental locations. Provided, the 
provisions of this Subsection shall not 
apply to sales of recreational vehicles and 
boat trailers which take place at trade 
shows within the franchise area of the 
participating licensed dealers. If a partic- 
ular recreational vehicle or boat trailer 
manufacturer has not awarded a franchise 
in an area where a trade show is to take 
place, other licensed dealers holding a 
franchise from the manufacturer may no- 
netheless participate in the show." 

(3) "Suspension" - The temporary withdrawal 
of a license issued by the Division of 
Motor Vehicles to a motor vehicle dealer, 
manufacturer, factory branch, distributor. 



NORTH CAROLINA REGISTER 



607 



FINAL RULES 



wholesaler or their salesman or represen- 
tative for a definite period. History Note: Filed as a Temporary Amendment 
(4) "Revocation" - The termination of a li- £//. February 9, 1989 for a Period of 180 
cense issued by the Division of Motor ^ ,^ ^ y^ ^^ ^ 5_ ,ggg. 
Vehicles to a motor vehicle dealer man- ^^^ ^^^^ ^^ ^p. . ^ 
uiacturer, factory branch, distnbutor, „-^ . -^ 
wholesaler or their salesman or represen- ^•'" "^ ' ' 
tative. Amended Eff October I, 1989. 



608 NOR TH CA ROLINA REGIS TER 



FINAL RULES 



NORTH CAROLINA ADMINISTRATIVE CODE 

LIST OF RULES CODIFIED 

SEPTEMBER 1989 



AGENCY 



ACTION TAKEN 



OFFICKS OF HIE GOVKRNOR AND I.IFITENANT GO\ER\OR 



NCAC 2B Executive Order Number 94 
EfT. July 14, 1989 



DEPARTMENT OF IILMAN RESOURCES 



10 NCAC 3R 


.2402 




.2404 - .2405 




.2407 - .2408 


4C 


.0201 




.0303 


7B 


.0323 




.0326 




.0331 


lOA 


.0443 


14G 


.0102 




.0202 




.0212 




.0301 


1411 


.0303 


14J 


.0107 




.0404 


14K 


.0219 


15A 


.0218 


18L 


.1104 


DEPARTMENT OF INSURANCE 


11 NCAC 6B 


.0103 




.0105 




.0201 




.0204 




.0304 


10 


.0309- .0311 


IIG 


.0001 - .0008 


DEPARTMENT OF ENVIRONMENT, HEALTH, 



Amended 
Amended 
Amended 

* Correction 
Amended 
Amended 
Amended 
Amended 
Amended 

* Correction 

* Correction 

* Correction 

* Correction 

* Correction 

* Correction 

* Correction 

* Correction 

* Correction 

* Correction 



Temp. Amended 

Expires 01-12-90 

Temp. yVmcndcd 

Expires 01-12-90 

Temp. Amended 

Expires 01-12-90 

Temp. Amended 

Expires 01-12-90 

Temp. Amended 

Expires 01-12-90 

Repealed 

Transferred Eff. 07-25-89 to 

11 NCAC 10 .1501 - .1508 



AND NATL RAL RESOLRCES 



15 



NCAC 



ID 
2L 



.0201 
.0111 
.0113 



3A .0001 - .0002 



* Correction 

* Correction 

* Correction 
/Vmended 



NORTH CAROLINA REGISTER 



609 



FINAL RULES 



3B .0102 Amended 

.0105 ^Vmended 

.01 08 -.01 09 Amended 

.0111 Amended 

.0114 yVmended 

.01 16 -.01 17 Amended 

.0201 - .0203 Amended 

.0206 - .0207 Amended 

.0301 - .0302 Amended 

.0304 -.03 10 Amended 

.0401 - .0404 Amended 

.0408 - .0410 .Vmended 

.0413 Amended 

.0501 - .0505 .\mended 

.0602 .\mended 

.0701 - .0702 Amended 

.0801 - .0802 Amended 

.0901 - .0906 Amended 

.0907 Adopted 

.1001 -.1004 Amended 

.1005 Adopted 

.1101 -.1103 .\mended 

.1105 -.1109 .\mended 

.1111 Amended 

.1201 - .1204 Amended 

.1404 -.1408 .\mended 

.1501 - .1506 ,\mended 

. 1 507 Adopted 

.1601 -.1602 Amended 

.1605 ^Amended 

3C .0203 .Amended 

.0206 .Amended 

.0209 Amended 

.0212 Adopted 

.0303 * Correction 

.0304 - .0305 xAmended 

.0308 - .0309 ♦ Correction 

.03 10 -.03 12 .Amended 

.0314 Adopted 

3G .0001 - .0011 Adopted 

lOB .0105 -.0106 Amended 

.0119 .Amended 

.0122 .Adopted 

lOD .0003 - .0004 .Amended 

lOF .0336 Amended 

.0343 .Amended 

.0360 .Amended 

.0361 Adopted 

lOH .1003 .-\mendcd 

.1005 .Adopted 

101 .0002 - .0004 .Amended 

.0005 .Adopted 

16E .0103 .-Amended 

.0201 .Amended 



CFRTIFICATION FiO ARD KOR SOCIAI. WORK 



NCAC 63 .0602 - .0608 Adopted 

.0701 - .0704 .Adopted 



610 NORTH CAROLINA REGISTER 



FINAL RULES 



OFFICE OF STATE PF.RSONNFX 

25 NCAC IC .0215 Adopted 

Adopted 
Amended 
Amended 
Amended 
Amended 
Amended 
Repealed 
Adopted 
Amended 



IC 


.0215 




ID 


.1951 




IE 


.0705 
.0707 
.0709 




11 


.1307 






.1312- 


.1313 


IK 


.0301 - 


.0310 




.0311 - 


.0324 


IN 


.0004 





NOR TH CAROLINA REGIS TER 6 1 1 



NC AC INDEX 



TITLE/MAJOR DFV ISIONS OF THE NORTH CAROLINA ADMIN ISTRATTVT CODE 
TITLE DEPARTMENT 

1 Administration, Department of 

2 Agriculture, Department of 

3 Auditor, Department of State 

4 Commerce, Department of 

5 Corrections, Department of 

6 Council of State 

7 Cultural Resources, Department of 

8 Elections, State Board of 

9 Governor, Office of the 

10 Human Resources, Department of 

11 Insurance, Department of 

12 Justice, Department of 

13 Labor, Department of 

14A Crime Control and Public Safety, Department of 

15 Envirormient, Health, and Natural Resources, Department of 

16 Public Education, Department of 

17 Revenue, Department of 

18 Secretary of State, Department of 
19A Transportation, Department of 
20 Treasurer, Department of State 

♦21 Occupational Licensing Boards 

22 Administrative Procedures 

23 Community Colleges, Department of 

24 Independent Agencies 

25 State Persormel, Office of 

26 Administrative Hearings, Office of 

NOTE: Title 21 contains the chapters of the various occupational licensing boards. 
CHAPTER LICENSrSG BOARDS 

2 Architecture, Board of 

4 Auctioneers, Commission for 

6 Barber Examiners, Board of 

8 Certified Public Accountant Examiners, Board of 

10 Chiropractic Examiners, Board of 

12 General Contractors, Licensing Board for 

14 Cosmetic Art Examiners, Board of 
16 Dental Examiners, Board of 

18 Electrical Contractors, Board of Examiners of 

20 Eoresters, Board of Registration for 

21 Geologists, Board of 

22 Hearing Aid Dealers and Fitters Board 
26 Landscape Architects, Licensing Board of 

28 Landscape Contractors, Registration Board of 

31 Martial & Family Therapy Certification Board 

32 Medical Examiners, Board of 

33 Midwifery Joint Committee 

34 Mortuan.- Science, Board of 

36 Nursing, Board of 

37 Nursing Home Administrators, Board of 

38 Occupational Therapists, Board of 
40 Opticians, Board of 

42 Optometry, Board of Examiners in 



612 NOR TH CAROLINA REGIS TER 



NC AC INDEX 



44 Osteopathic Examination and Registration, Board of 

46 Pharmacy, Board of 

48 Physical Therapy Examiners, Board of 

50 Plumbing and Heating Contractors, Board of 

52 Podiatry Examiners, Board of 

53 Practicing Counselors, Board of 

54 Practicing Psychologists, Board of 

56 Professional Engineers and Land Surveyors, Board of 

58 Real Estate Commission 

60 Refrigeration Examiners, Board of 

62 Sanitarian Examiners, Board of 

63 Social Work, Certification Board for 

64 Speech and Language Pathologists and 

Audiologists, Board of Examiners of 

66 Veterinary Medical Board 



NOR TH CA ROLINA REGIS TER 6 13 



CUMULA TIVE INDEX 



CUMULA TIVE INDEX 

(April 1989 - March 1990) 



1989 - 1990 

Pages Issue 

1 - 151 1- April 

152 - 192 2- April 

193 - 216 3- May 

217 - 289 4- May 

290 - 311 5- June 

312 - 364 6- June 

365 - 454 7- July 

455 - 477 8- July 

478 - 521 9- August 

522 - 584 10- August 

585 - 616 11- September 



AO - Administrative Order 

AG - Attorney General's Opinions 

C - Correction 

FR - Final Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

M - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporary Rule 



ADMIMSTRAXrV E ORDER 

Administrative Order, 4, 152 

AGRICULTURE 

Cotton Warehouse, 220 PR 

Markets, 217 PR, 546 PR 

N.C. Pesticide Board, 292 PR 

N.C. Plant Conservation Board, 196 PR 

N.C. State Fair, 217 PR 

Plant Industry, 153 PR, 218 PR 

COMMERCE 

Finance Center, 368 PR 

N.C. Cemetery Commission, 198 PR 

N.C. Milk Commission, 455 PR 

COMMLATTY COLLEGES 

Board of Community Colleges, 352 PR 



614 



NORTH CAROLINA REGISTER 



CUMULA TIVE INDEX 



CORRECTION 

Division of Prisons, 472 FR 

CRIME CONTROL AND PUBLIC SAFETY 

Victim and Justice Services, 573 PR 

CULTURAL RESOURCES 

Archives and History, 370 PR, 455 PR, 593 PR 

Arts Councd, 371 PR 

U.S.S. North Carolina Battleship Commission, 548 PR 

EDUCATION 

Elementary and Secondary Education, 253 PR, 295 PR, 511 PR 

EN^ IRONMENT, HEALTH, AND NATURAL RESOURCES 

Coastal Management, 239 PR, 508 PR, 574 PR 

Community Assistance, 134 PR 

Departmental Rules, 601 PR 

Economic Opportunity, 178 PR 

Environmental Management, 18 PR, 160 PR, 202 PR, 238 PR, 295 PR, 347 PR, 431 PR, 456 PR 

Marine Fisheries, 47 PR, 457 PR 

WUdlife Resources and Water Safety, 134 PR, 178 PR, 207 PR, 252 PR, 574 PR 

FINAL DECISION LETTERS 

Voting Rights Act, 5, 193, 367, 523, 587 

FINAL RULES 

List of Rules Codified, 183 FR, 274 FR, 303 FR, 445 FR, 515 FR, 609 FR 

GOVERNOR/LT. GOVERNOR 

Executive Orders, 1, 290, 312, 365, 478, 522, 585 

HUMAN RESOURCES 

Departmental Rules, 372 PR 

Facility Services, 199 PR, 377 PR, 594 PR 

Governor's Waste Management Board, 552 PR 

Health Seri'ices, 153 PR, 315 PR, 405 PR 

Medical Assistance, 158 PR, 294 PR, 455 PR, 549 PR, 601 PR 

Mental Health: Mental Retardation and Substance Abuse Services, 17 PR, 417 PR 

Social Services, 550 PR 

Vocational Rehabilitation Services, 7 PR 

Water Treatment Facility Operators Board of Certification, 549 PR 

INDEPENDENT AGENCIES 

Housing Finance Agency, 459 PR 

INSURANCE 

Agent Services Division, 561 PR 

Fire and Casualty Division, 202 PR, 479 PR 

JUSTICE 

Criminal Justice Education and Training Standards Commission, 569 PR 
Sheriff's Education and Training Standards Division, 491 PR 

LICENSING BOARDS 

i'Vrchitecture, 349 PR 
CPA Examiners, 458 PR 
General Contractors, 512 PR 
Landscape Architects, 443 PR 



NOR TH CA ROLINA REGIS TER 6 15 



CUMULA TIVE INDEX 



Medical Examiners, 604 PR 

North Carolina Certification Board for Social Work, 179 PR 

Nursing, Board of, 296 PR 

Physical Therapy Examiners, 262 PR 

Practicing Psychologists, 606 PR 

REVENUE 

Sales and Use Tax, 353 FR 

STATE PERSONNEL 

State Personnel Commission, 181 PR, 210 PR, 265 PR, 461 PR 

STATEMENTS OF ORGANIZATION 

Statements of Organization, 524 SO 

TRANSPORTATION 

Division of Motor Vehicles, 140 FR, 607 FR 



616 NORTH CAROLINA REGISTER 



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NORTH CAROLINA ADMINISTRATIVE CODE 



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